The Forum of Law and Constitution Studies (Forum Kajian Hukum dan Konstitusi –FKHK) files petition on case filing promptness regulation as regulated in Article 50 (1) and (2) Act Number 8 Year 1981 of the Criminal Procedure Code. The Constitutional Court holds judicial review session of the petition on Monday (27/10), at Plenary Room, the Constitutional Court Building.

As Applicant, the FKHK assesses case filing promptness regulation doesn’t guarantee legal certainty for suspects due to the lack of time limit.

Article 50 (1) stated

“Suspects entitled to be examined promptly by investigators and thereafter to have the case filed to general prosecutors.” (“Tersangka berhak segera mendapat pemeriksaan oleh penyidik dan selanjutnya dapat diajukan kepada penuntut umum.”)

Article 50 (2) stated

“Suspects entitled to have their case promptly filed to court by general prosecutors.” (“Tersangka berhak perkaranya segera dimajukan ke pengadilan oleh penuntut umum.”)

One of the FKHK members Kurniawan says the word ‘promptly’ (‘segera’) in Article 50 (1) and (2) the Criminal Procedure Code doesn’t provide certain time. “Considering factual cases in praxis order, many persons have been named as suspect, but they are not prosecuted in court under reason investigation files completion,” said Kurniawan who served as Head of Strategic Studies and Public Policy of the FKHK.

According to the Applicant, the lack of time limit may cause a person becomes suspect for a lifetime. Kurniawan considers such condition is contrary to suspect rights to get simple, quick, and low-cost justice. Moreover, he further says, there is a Constitutional Court Verdict Number 3/PUU-XI/2013 that provides interpretation on the word ‘promptly’ (‘segera’) in Article 18 (3) the KUHAP.

The Applicant explains that based on Constitutional Court Verdict Number 3/PUU-XI/2013, the word ‘promptly’ in Article 18 (3) the KUHAP has harmed citizen’s right to obtain legal certainty. Therefore, arrest notification letter (surat pemberitahuan penangkapan) shall be given to suspect’s family within 7 days. “It means that the lack of time limit on case filing, which later prosecuted in court, becomes problematic in the perspective of legal certainty, Your Honor,” said him.

On that basis, the Applicant argues the lack of legal certainty in Article 50 (1) and (2) the KUHAP potentially causes Applicant’s constitutional loss. The Applicant assesses such condition could hamper Applicant’s attempts in maintaining and upholding constitutional values.

Therefore in petition demands, the Applicant requests the Court to declare the word ‘promptly’ in Article 50 (1) and (2) the KUHAP contrary to the 1945 Constitution and has no legal binding if it isn’t interpreted ‘suspect’s case dossier shall be filed to general prosecutors within 60 days since the date of investigation, and for detained suspect’s case dossier shall be filed to general prosecutors within 90 days since the date of investigation’ (berkas perkara tersangka harus diserahkan kepada penuntut umum dalam waktu paling lama 60 hari terhitung sejak penyidikan dimulai, dalam hal tersangka ditahan berkas perkara harus diserahkan kepada penuntut umum dalam waktu paling lama 90 hari terhitung sejak penyidikan dimulai).

Responding the petition, Justice Panel led by Constitutional Justice I Dewa Gede Palguna who accompanied by Constitutional Justice Maria Farida Indrati and Constitutional Aswanto gives input that the Applicant clarifies legal standing. According to Palguna, the Applicant needs to point out the representative of the FKHK as legal entity. “The FKHK’s representatives need to be pointed out in the articles of association (anggaran dasar dan anggaran rumah tangga). The representatives will be able to act on behalf of the association, in order to prevent unfounded claims,” said Palguna.

Meanwhile, Constitutional Justice Maria Farida Indrati concerns on the relation between petition arguments (posita) with petition demands (petitum). According to her, the Applicant shall synchronize petition arguments with petition demands. (Lulu Hanifah/IR/Prasetyo Adi N)